Help Needed......

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Specializes in Critical Care.

I'm looking for some insight, if anyone has any ? Here's the "Reader's Digest" version....

In 1/2013, I was licensed in both NH and MA and I had a pre-employment urine screen, for a position in MA, that came back positive for amphetamines. I had, and continue to be prescribed Vyvanse/Adderall for ADD, and had never had ANY previous issues. Because of this, the contract was rescinded, and I was reported to the board, although I was unaware of this for several months. In the meantime, I applied for the same position, with another travel agency, provided another urine, which was negative, and was hired, but didn't complete the assignment because I had an accident in a snow storm. I then took another assignment with the same company, in Arkansas, practicing under the compact of my NH license. At this point I was broke and needed ANY work as I am a single Mom. The assignment was a nightmare from day one, beginning with my recruiter being fired and no one notifying me, and continuing with ongoing issues with my pay (to this day, they still owe me money). I was 10 weeks into a 13 week assignment, and had had multiple, less than pleasant, conversations with multiple members of the company, about my pay, without any resolution, when I was accused of "being on drugs" because a patient complained that I "was too happy and had too much energy, to be a night nurse". I was asked to provide a urine, but because I was 1500 miles away from my child, without a car, still waiting for reimbursement of the money owed to me and my recent experience with the positive urine, I declined. I was terminated from my position and had 24 hours to get out the housing I was in, which I did, and headed home to NH. I returned from AK in May 2014 and in June I received a letter from the MABORN as well as the NHBON, r/t the positive urine from 1/2013. I sought legal assistance, drafted and sent a letter to both BON's, answering all of the questions asked. A short time later, the NHBON responded, dismissing everything, but I never heard from the MABORN until May of the following year(2015). At that time, I received a letter stating that they would be moving forward with an investigation if I didn't provide them with a list of specific information. I, for the second time, sought legal advice, drafted and sent another letter, addressing and answering their requests. I never heard back from the MABORN, so I assumed I was all set, however, in June of 2016 (another year later), I received notification for a "show cause" hearing. I contacted the same lawyer, and was told it was going to cost me close to 4K dollars for her to represent me. I didn't have that kind of money, so I decided that I would just not renew my MA license when it expired in 9/2016. I continued to practice, as I had been, without issue since 2013. In 9/2018, I tried to renew my NH license, online. I received an email stating that I would not be able to renew because my license in MA had been revoked, in 8/2017. I was not aware that this had even happened, as the MABORN sent the paperwork to an address that I had not lived at since 2009. I was completely floored at the fact that not only had my license been revoked without my knowledge, but it had been revoked eleven months AFTER it had expired !! At this point, the NH BON advised me that I would need to go before them for a "show cause" hearing. I was still unable to afford an attorney, so I got all of my paperwork together (275 pages in my discovery), spoke at length to my Dad, who has been a cop for my whole life and represented myself, answering to, EACH AND EVERY, identical accusation made by the MABORN. I was terrified, but I was not, and never will, admit to being an impaired nurse, or to being addict, when I am not and never have been. And, for the record.....I WAS CLEARED, BY THE NHBON, OF ANY ACCUSATIONS AND MY CASE WAS DISMISSED !!!!

So, fast forward to today....my license in NH is active and unencumbered, without ANY issues.....my MA license reads, "revoked/expired". I have contacted the MABORN and was told, that even though I addressed and answered to each allegation they had made, before the NHBON, if I want my license reinstated, I will still need to either:

1. Admit that I am an addict and get into a program

or

2. Complete their required evaluations, provide medical information, etc, ALL at MY OWN expense !!

To add to this pile of complete garbage, I had been enrolled in the BSN program at Curry College, and am TWENTY CREDITS shy of graduating, but because my license is not in good standing, I was removed from the nursing program. I then tried to enter the BSN program at SNHU, as my NH license is unencumbered, but was denied there as well. So now I have entered the Psych BA program, until I can figure this out.

So here are my questions:

1. if discipline is reciprocal, why isn't dismissal, especially if all of the allegations were answered ???

2. Why did the MABORN allow me to practice as what they considered to be an "impaired nurse" for SEVERAL YEARS ?? I was told the reason for the delay in the case was that the MABORN is "way behind in paperwork" ???

3. Why is it easier and cheaper to just admit to having a problem and get into treatment, than it is to NOT be an addict and have to prove that ???

I apologize for the length of this, but I appreciate anyone who has any information that could be helpful. As of right now, I am out of work, due to a second rotator cuff surgery from a work injury in 2009, so I want to use this time to my advantage. I would like to at least have the revoked status removed, if that's an option. At this point, I'm not even sure I want to continue being a nurse, and I will definitely not be giving the state of MA another red penny for anything.

Thanks so much, in advance.

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Specializes in Medical Legal Consultant.

Each state has the authority to regulate nursing practice. Your license is not reciprocal unless you have an e-compact license. It is a nurse's responsibility to keep the Board apprised of their current address even if the license is expired!!!! They can still take action on an expired license. Even if one state dismisses a case, action can still be brought on a license in a different state. I know you are upset but I would recommend cleaning up MA or you may have a problem getting a license in another state. The American Association of Nurse Attorneys has a position statement on what is called retained jurisdiction with expired licenses. https://member.taana.org/resources/TAANA_Position_Paper_2016-10-13.pdf

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Specializes in Critical Care.

Thanks Lorie ...and I don’t have any problem with dealing with MA, with the exception of the fact that I am not an addict but I have to dish out thousands of dollars to prove it.... I’m not willing to pay a lawyer to defend me, or psychologist to analyze me when I have not done anything to warrant investigation....what is also disturbing is the fact that the MABORN is essentially saying that they’re better than the NH BON.... I was taught that the Nurse Practice Act, as well as statutes, etc, were the same nationwide...maybe things have changed in thirteen years....yes, I’m frustrated...putting it lightly....but I’m not willing to sell my soul or my integrity to keep a license....and no nurse should be expected to....

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Specializes in Medical Legal Consultant.
1 hour ago, LC0929 said:

Thanks Lorie ...and I don’t have any problem with dealing with MA, with the exception of the fact that I am not an addict but I have to dish out thousands of dollars to prove it.... I’m not willing to pay a lawyer to defend me, or psychologist to analyze me when I have not done anything to warrant investigation....what is also disturbing is the fact that the MABORN is essentially saying that they’re better than the NH BON.... I was taught that the Nurse Practice Act, as well as statutes, etc, were the same nationwide...maybe things have changed in thirteen years....yes, I’m frustrated...putting it lightly....but I’m not willing to sell my soul or my integrity to keep a license....and no nurse should be expected to....

There is a Model Nurse Practice Act but each state has their own Nurse Practice Act and they are all different and may not be based on the Model. The statutes are different in each state too. Unfortunately, it is guilty until proven innocent before the Board and MA does not have to follow what NH did.

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Specializes in OR.

Lorie is right. And it is a sad situation. To make things even worse, I briefly considered finishing my torture in the state I am in and simply packing up my toys and relocating elsewhere as my discipline is public. Now the point behind the likes of NURSYS and having to fess up to public (or even not) discipline or having had to suffer through a program rightfully (or not) is one thing as it prevents people from just jumping from one state to another and hiding potential issues.

Maybe even suffer is the wrong word because in spite of my personal horror show, there are people out there who needed this sort of intervention, but I digress.

What I find particularly shocking Is the possibility that one can finish a program in one state, clearly prove one’s ability to practice safely just as any other nurse, move to another, apply for a license and be forced to do THAT state’s program. Kind of being punished twice for the same crime so to speak. Maybe with the increasing use of the E-NLC, this has lessened, but it still seems terribly wrong.

I am currently at a facility that uses a LOT of travelers so I do muse at the unholy mess that would occur, just like OPs situation.

Needless to say, I will be staying put. I am too old, tired and beaten to a pulp after dealing with this crap to put up with it again. This is the advocacy and support that we get from these programs. Great, huh?

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Specializes in Critical Care.

Thanks ladies, I appreciate your help, opinions and knowledge. I’m still weighing my options....I’m not sure that I want to continue being a nurse, if for nothing else but the simple fact that I’m not going to admit to something I didn’t do. I was a FF/EMT before becoming a nurse, but after surgery secondary to Crohn's disease, I was unable to continue with my career, I have 3 Associates degrees and am 20 credits from my BSN, more than 80K in student loans, so I have nothing to lose by changing my major to Paych. I’m also a certified Recovery Coach and work at a treatment facility, so I may just continue in that direction. Everything happens for a reason.

Thanks again

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Specializes in Critical Care.

I wanted to mention that as far as sending the paperwork to the wrong address, I never lived at that address while I had my license in MA. I had updated my address with them when moved, per policy, until my license expired, as I am not required to update if it is expired, which makes sense. The NH Board had my current address as well as my previous address. I’m still not even sure where that old address came from.

I also wanted to add, that when I listed the Supervisor who dismissed me from the travel assignment in AK, as a reference for a subsequent position, the same Supervisor who, according to the MABOR, felt that I was “not eligible for rehire”, gave me a GLOWING reference, which I have on paper....interesting....

Having worked in a Treatment Center, as well as having lost many people I cared about to addiction, I know how much things cost....patients come in for admission without insurance and sign Promissory Notes for tens of thousands of dollars, that they can’t afford, every single day....

I also, long before I was a nurse and addiction became a big money maker, volunteered in the streets of Boston, helping addicts get into recovery....the problem was that most people with SUD don’t have insurance because they can’t hold a job, and forget about filling out paperwork for Medicare unless you have a college degree...it’s like navigating the Bermuda Triangle...I was in the trenches before rich kids started dying and people started to pay attention....so, yes....I’m pissed....and I will not be manipulated by the MABORN to shell out another penny because they think they can play “God” with my license....I went before the NH Board, fought and won....period......I know the truth... and I’m not going to fillet myself for the MABORN or anyone else.....they can keep their license....fortunately I have the determination and support, to move on to a new career at 53 years old...I’m not going to finance anyone’s summer vacation home by paying legal fees....I’m not playing the game anymore.

Thanks for your help.

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Specializes in Medical Legal Consultant.

You don't have to go into treatment. Just complete the evaluation to show you do not have a substance abuse problem.

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Specializes in Critical Care.

I wanted to mention that as far as sending the paperwork to the wrong address, I never lived at that address while I had my license in MA. I had updated my address with them when moved, per policy, until my license expired, as I am not required to update if it is expired, which makes sense. The NH Board had my current address as well as my previous address. I’m still not even sure where that old address came from.

I also wanted to add, that when I listed the Supervisor who dismissed me from the travel assignment in AK, as a reference for a subsequent position, the same Supervisor who, according to the MABOR, felt that I was “not eligible for rehire”, gave me a GLOWING reference, which I have on paper....interesting....

Having worked in a Treatment Center, as well as having lost many people I cared about to addiction, I know how much things cost....patients come in for admission without insurance and sign Promissory Notes for tens of thousands of dollars, that they can’t afford, every single day....

I also, long before I was a nurse and addiction became a big money maker, volunteered in the streets of Boston, helping addicts get into recovery....the problem was that most people with SUD don’t have insurance because they can’t hold a job, and forget about filling out paperwork for Medicare unless you have a college degree...it’s like navigating the Bermuda Triangle...I was in the trenches before rich kids started dying and people started to pay attention....so, yes....I’m pissed....and I will not be manipulated by the MABORN to shell out another penny because they think they can play “God” with my license....I went before the NH Board, fought and won....period......I know the truth... and I’m not going to fillet myself for the MABORN or anyone else.....they can keep their license....fortunately I have the determination and support, to move on to a new career at 53 years old...I’m not going to finance anyone’s summer vacation home by paying legal fees....I’m not playing the game anymore.

Thanks for your help.

Hi Lorie,

I was told that I would need to complete the ENTIRE process, regardless, including two evals as well as providing medical records, etc. This was 6 years ago. Also, I have had to provide a urine MONTHLY in order to get my Adderall/Vyvanse which have all been fine...and my NH license is an E-NLC license....

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Specializes in Critical Care.

**UPDATE**

I spoke with the NH BON on Friday and asked the supervisor about the reciprocity of discipline and reciprocity of dismissal......DISCLAIMER!! I told her that I WAS NOT looking for legal advice, but only for direction...she told me to write a letter to the MABORN and attach a copy of my NH dismissal, and request reinstatement....wait for their response...so that’s what I’m doing ...we’ll see how it plays out...

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Specializes in Clinical Leadership, Staff Development, Education.

The MABORN position may be based on the refusal to take the drug screen. I am not saying they are correct- just sharing based on experience. Every state is different, but if employer asks for drug screen based on suspicion and you refuse- it is considered a positive drug test. Regardless of reason drug test was refused, in my state they would require evaluations.

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Specializes in Critical Care.

That’s probably the case and I thought of that as well, but I was practicing on my NH license in Arkansas, not my MA license, so it shouldn’t have been included in their complaint, but regardless, I answered to that as well in front of the NH BON. Like I said, the Show Cause in NH was identical to the original one from MA, and I answered to each allegation. Not to mention that this entire thing was dismissed by NH the first time, in 2013 and again in 2018. What I BELIEVE happened, judging from the commentary on the MA paperwork, that I FINALLY received in December of 2018, is that they are p**sed because they feel that they were “ignored” by me....as I was reading, I felt like I was listening to the “Queen of Hearts” in Alice of Wonderland !!! I couldn’t help but picture the hens sitting around the table, ***ing, “WE WILL NOT BE IGNORED!!!” “OFF WITH HER HEAD!!!” Lmaoooooooo!!

I can laugh, ONLY because, at this point, I’m going to fight until they throw the dirt on the box!! I have been researching, EVERY case and EVERY similar situation and I will find something that will help....We, Nurses, should not feel like we are running the gauntlet in the Hunger Games every time they go to work. Not only that, but WHO is GOVERNING THEM??? ...and HOW and WHY are they allowed to have more authority than a Supreme Court Justice?? Maybe some of the new nurses will be around to see things change, but as of now, they are very clear on what’s “black and white”, and refuse to bend with respect to their idea of right and wrong, guilty and not guilty... it’s a slippery slope... I hope that when I find something to prove them wrong and WIN....that they will give themselves the same discipline as they give out...but I’m sure there’s a loophole for that....

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